My H1B extension is currently pending, and my I-94 is about to expire. If the H1B is denied after my I-94 expires, what are my options to stay in the U.S.?

Answer

If your extension is denied and your I-94 has expired, this likely means you are out of status and unlawfully present in the U.S. Any petition or application typically would need to be filed for consular processing. I recommend you read the MurthyDotCom article, Differences Between: Lawful Status, Period of Authorized Stay, & Unlawful Presence (03.Jun.2013) for more information on the consequences of unlawful presence. (05.Mar.2018)

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